State Codes and Statutes

Statutes > New-york > Tax > Article-22 > Part-3 > 637

§  637.  Computation of separate tax on the ordinary income portion of  lump sum distributions received by  nonresident  or  part-year  resident  individuals,  estates  and  trusts.  (a)  General. The tax imposed under  section six hundred three for any taxable  year,  with  respect  to  the  ordinary  income  portion  of  a  lump  sum  distribution  received by a  nonresident or part-year resident individual, estate or trust  shall  be  applicable  to  the  ordinary  income portion of a lump sum distribution  wholly or partly derived from or connected with New  York  sources,  and  the  amount of such tax shall be computed in the same manner as that set  forth in section six hundred twenty-four, except that if  the  lump  sum  distribution was partly derived from or connected with New York sources,  the total taxable amount and the ordinary income portion of the lump sum  distribution  referred  to  in  such  section  shall  be  determined  by  apportionment and allocation, pursuant to regulations promulgated by the  state tax commission.    (b) Special rule for part-year residents. In the case of  a  part-year  resident,  the ordinary income portion of a lump sum distribution wholly  or partly derived from or connected with New York sources shall  be  the  sum of:    (1)  The  ordinary  income  portion of a lump sum distribution for the  period of residence, computed as if the taxable year for federal  income  tax purposes were limited to the period of residence.    (2)  The  ordinary  income  portion of a lump sum distribution for the  period of nonresidence, determined in accordance with subsection (a)  of  this  section,  computed  as  if the taxable year for federal income tax  purposes were limited to the period of nonresidence.

State Codes and Statutes

Statutes > New-york > Tax > Article-22 > Part-3 > 637

§  637.  Computation of separate tax on the ordinary income portion of  lump sum distributions received by  nonresident  or  part-year  resident  individuals,  estates  and  trusts.  (a)  General. The tax imposed under  section six hundred three for any taxable  year,  with  respect  to  the  ordinary  income  portion  of  a  lump  sum  distribution  received by a  nonresident or part-year resident individual, estate or trust  shall  be  applicable  to  the  ordinary  income portion of a lump sum distribution  wholly or partly derived from or connected with New  York  sources,  and  the  amount of such tax shall be computed in the same manner as that set  forth in section six hundred twenty-four, except that if  the  lump  sum  distribution was partly derived from or connected with New York sources,  the total taxable amount and the ordinary income portion of the lump sum  distribution  referred  to  in  such  section  shall  be  determined  by  apportionment and allocation, pursuant to regulations promulgated by the  state tax commission.    (b) Special rule for part-year residents. In the case of  a  part-year  resident,  the ordinary income portion of a lump sum distribution wholly  or partly derived from or connected with New York sources shall  be  the  sum of:    (1)  The  ordinary  income  portion of a lump sum distribution for the  period of residence, computed as if the taxable year for federal  income  tax purposes were limited to the period of residence.    (2)  The  ordinary  income  portion of a lump sum distribution for the  period of nonresidence, determined in accordance with subsection (a)  of  this  section,  computed  as  if the taxable year for federal income tax  purposes were limited to the period of nonresidence.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-22 > Part-3 > 637

§  637.  Computation of separate tax on the ordinary income portion of  lump sum distributions received by  nonresident  or  part-year  resident  individuals,  estates  and  trusts.  (a)  General. The tax imposed under  section six hundred three for any taxable  year,  with  respect  to  the  ordinary  income  portion  of  a  lump  sum  distribution  received by a  nonresident or part-year resident individual, estate or trust  shall  be  applicable  to  the  ordinary  income portion of a lump sum distribution  wholly or partly derived from or connected with New  York  sources,  and  the  amount of such tax shall be computed in the same manner as that set  forth in section six hundred twenty-four, except that if  the  lump  sum  distribution was partly derived from or connected with New York sources,  the total taxable amount and the ordinary income portion of the lump sum  distribution  referred  to  in  such  section  shall  be  determined  by  apportionment and allocation, pursuant to regulations promulgated by the  state tax commission.    (b) Special rule for part-year residents. In the case of  a  part-year  resident,  the ordinary income portion of a lump sum distribution wholly  or partly derived from or connected with New York sources shall  be  the  sum of:    (1)  The  ordinary  income  portion of a lump sum distribution for the  period of residence, computed as if the taxable year for federal  income  tax purposes were limited to the period of residence.    (2)  The  ordinary  income  portion of a lump sum distribution for the  period of nonresidence, determined in accordance with subsection (a)  of  this  section,  computed  as  if the taxable year for federal income tax  purposes were limited to the period of nonresidence.